Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Completion of CIRP of Corporate Debtor does not absolve Director’s liability in cases filed under Section 138 of Negotiable Instruments Act
    2023-04-21

    Introduction:

    Filed under:
    India, Insolvency & Restructuring, Litigation, Phoenix Legal, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Neha Naik , Sanjeev Sambasivan
    Location:
    India
    Firm:
    Phoenix Legal
    Supreme Court holds that an application for withdrawal of corporate insolvency resolution process under IBC can be allowed even prior to the constitution of the committee of creditors
    2023-04-05

    A two-judge bench of the Supreme Court of India (“Supreme Court”) in its recent judgment Abhishek Singh v. Huhtamaki PPL Ltd.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Debtor, Insolvency, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Pratik Pawar , Shanaya Cyrus Irani , Ananya Verma
    Location:
    India
    Firm:
    JSA
    Supreme Court reaffirms- Corporate Guarantors to ‘non-corporate’ debtors to face IBC proceedings
    2023-03-31

    Introduction:

    The Supreme Court (“SC”) in the recent judgment of K. Paramasivam v. The Karur Vysya Bank Ltd. & Anr.[1], held that a Corporate Insolvency Resolution Process (“CIRP”) can be initiated against a corporate guarantor, even if the principal borrower is not a ‘corporate person’.

    Factual Matrix and Arguments:

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Phoenix Legal, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Neha Naik , Sanjeev Sambasivan
    Location:
    India
    Firm:
    Phoenix Legal
    Between the lines- March, 2023
    2023-03-17

    March, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ Delhi High Court: Arbitrator has no jurisdiction to set aside sale notice issued by secured creditor under Section 13(4) of the SARFAESI Act. ⁎ NCLAT: Majority shareholders of a company have the locus to challenge an admission of CIRP against the corporate debtor where the admission took place on account of collusion amongst the creditors. ⁎ NCLAT: The nature and character of financial debt does not change upon breach of consent terms.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Recovery of Debts and Bankruptcy Act 1993 (India), Insolvency and Bankruptcy Code (India), Delhi High Court
    Location:
    India
    Firm:
    Vaish Associates Advocates
    The Vidarbha Aftermath
    2023-03-15

    On July 12, 2022, the Supreme Court of India (“Supreme Court”) passed a judgment in Vidarbha Industries Power Limited v. Axis Bank Limited[1] (“Vidarbha”), which considered the question whether Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016 (“Code”), is mandatory or discretionary in nature.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Mediation, Companies Act 2013 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sharan Kukreja , Abhijna Somashekara , Mukesh Seju
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Proposed Amendments to the Insolvency and Bankruptcy Code- A Real Solution For Real Estate Insolvencies?
    2023-03-01

    Over the last few years, several cases of defaulting real estate companies, including major players like, Amrapali, Jaypee Infratech and Supertech, have been stuck at various stages of insolvency proceedings under the provisions of the Insolvency and Bankruptcy Code, 2016, as amended (“Code”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Real Estate, Cyril Amarchand Mangaldas, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Srideepa Bhattacharyya , Aishwarya Gupta
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Certain employee statutory dues are not a part of the “liquidation estate” of a corporate debtor
    2023-02-24

    In the case of State Bank of India v. Moser Baer Karamachari Union & Ors., the Supreme Court of India (“Supreme Court”) has upheld the order of the National Company Law Appellate Tribunal (“NCLAT”) in the matter of State Bank of India v. Moser Baer Karamachari Union & Anr. (“Moser Baer Case”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Debtor, Liquidation, Liquidated damages, Liquidator (law), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Aashit Shah , Malika Tiwari
    Location:
    India
    Firm:
    JSA
    Between the lines- February, 2023
    2023-02-23

    February, 2023

    A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST

    KEY HIGHLIGHTS Allahabad High Court: No ipso facto absolvement of guarantor's liability upon approval of resolution plan. NCLAT: The obligation of the adjudicating authority to direct for liquidation shall rise only when decision of the Committee of Creditors is in accordance with the Insolvency and Bankruptcy Code, 2016. The Rise of ESG Investing in India: What it Means for Corporations.

    For Private Circulation - Educational & Informational Purpose Only

    February, 2023

    Filed under:
    India, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, ESG, Securities and Exchange Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    A shortfall undertaking has been recognised as a financial debt under IBC
    2023-02-22

    In the case of IL&FS Infrastructure Debt Fund v. McLeod Russel India Limited, the Kolkata bench of the National Company Law Tribunal (“NCLT”) held that in order to determine whether a shortfall undertaking will qualify as an instrument of guarantee as defined under Section 126 of the Indian Contract Act, 1872 (“Contract Act”), one has to look into the intention of the parties as reflected in the terms of such undertaking.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Debtor, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Aashit Shah , Malika Tiwari
    Location:
    India
    Firm:
    JSA
    NCLAT: Bank guarantees (including advance bank guarantees) can be invoked even during the period of moratorium under Section 14 of the IBC
    2023-02-22

    In the recent decision of IDBI Bank v. Indian Oil Corporation Limited, the National Company Law Appellate Tribunal (“NCLAT”) has held that an irrevocable and unconditional bank guarantee can be invoked even during moratorium period in view of the amended provision under Section 14 (3) (b) of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    Brief Facts

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, JSA, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Dheeraj Nair , Vishrutyi Sahni
    Location:
    India
    Firm:
    JSA

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 14
    • Page 15
    • Page 16
    • Page 17
    • Current page 18
    • Page 19
    • Page 20
    • Page 21
    • Page 22
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days